DOL Employer Resources for the Families First Coronavirus Response Act

LEGAL ALERT FOR EMPLOYERS #5

Coronavirus Action Alert #5
From The Ward Damon Employment & Labor Law Team
I. Jeffrey PhetersonBari Goldstein and Kenneth Rehns

The U. S. Department of Labor (DOL) has provided several helpful resources on its website for employers preparing for the Families First Coronavirus Response Act (FFCRA) that will go into effect in April.

CLICK HERE for all of the information:  https://www.dol.gov/agencies/whd/pandemic 

First, the DOL has provided a series of answers to Frequently Asked Questions regarding the law’s provisions.  One of the biggest takeaways is that the FFCRA will now take effect on April 1, 2020, and not April 2 as originally expected.  In addition, the FAQs provide help for employers in calculating if they are subject to the FFCRA’s provisions by employing less than 500 employees at the time employee leave is requested, as well as how much an employee can expect to be paid for leave under the FFCRA.

The DOL has also released Field Assistance Bulletin 2020-1 which provides that the, the DOL will maintain a Temporary Non-Enforcement Period through April 17, 2020.  This means that the DOL will not bring enforcement actions against any employer for violations of the FFCRA occurring prior to April 18, 2020, provided that the employer has acted “reasonably” and “in good faith” when all of the following facts are present:

  1. The employer remedies any violations, including by making all affected employees whole as soon as practicable.
  2. The violations of the Act were not “willful” (i.e., the employer “either knew or showed reckless disregard for the matter of whether its conduct was prohibited…”).
  3. The Department receives a written commitment from the employer to comply with the Act in the future.

Lastly, the FFCRA requires that employers clearly post notices in the workplace regarding employees’ rights under the FFCRA.  These posters have been created by the DOL and are available on the website, click HERE to download.

We will continue to monitor changes to the FFCRA and provide updates as needed.  If you have any Employment & Labor questions related to the COVID-19 crisis, our Ward Damon Employment & Labor Law team is here to help you.  Please call us at 561-842-3000, or you can contact us directly at: I. Jeffrey PhetersonBari Goldstein and Kenneth Rehns.

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